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Guardianship Proceeding Checklist Person And Or Property Form. This is a New York form and can be use in Surrogates Court Statewide.
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Tags: Guardianship Proceeding Checklist Person And Or Property, New York Statewide, Surrogates Court
COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Guardianship Proceeding Checklist Person and/or Property (see Surrogate's Court Form G-2-B, rev. 9/00)Calendar No.JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)Fill in All Areas On All Pages -Also Mark When Not Applicable When Necessary Check All Forms To Make Sure Venue Is Correct -Appropriate County Is ListedPET¶ #DESCRIPTIONYESNO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Does the Court have jurisdiction over the subject infant [see SCPA §1702]? NOTE:The infant must be domiciled in the county, have sojourned in the countyimmediatelypreceding the application for guardianship, or if a non-domiciliary of the state, must have property situate in the county. Is the captioned name the same as the birth certificate and ¶2 of petition?THE PEOPLE OF THE STATE OF NEW YORK TO1.Is the petitioner a proper party? [see SCPA §1703] Is the petitioner ...GREETINGS:the infant, if over fourteen (14) years of age a parent a person with whom the infant resides the public administrator or chief fiscal officer(where no one else is available to act as guardian of the property; would not act as guardian of the person) any other person representing the interest of the infantWE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,located at County ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in roomYour failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply.Has all requested information been provided [name, permanent address, date of birth, telephone # and relationship]? Are all A/K/A's listed?, one of the Justices of theCourt in Witness, Honorableday of, 20 County,2.Is the name of the infant in ¶2 the same as that listed on the birth certificate?Birth Certificate from official registrar (not hospital) to be filed with petition [see NYCRR §207.15(a)] Has all requested information been provided [name, permanent address, date of birth, marital status] Are all A/K/A's listed?(Attorney must sign above and type name below)Attorney(s) for3.Check that names and addresses of both natural parents are listed. If infant is married, has the information been provided regarding the spouse? [see SCPA §1704(2)]Office and P.O. AddressTelephone No.: Facsimile No.: E-Mail Address:If one or both parents are deceased their names must still be shown and date of death noted. (Court may require copy of death certificate)Mobile Tel. No.:American LegalNet, Inc. www.USCourtForms.comG-CHKLST (Person & Prop) release 7/14/03 PAGE 1COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.PETCalendar No.¶ #DESCRIPTIONYESNOJUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)3. cont.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .THE PEOPLE OF THE STATE OF NEW YORK TOIf the name of the father is not shown on petition or birth certificate, determine if a proceeding has been brought to establish paternity. (Court may require copy of filiation order) [see page 5 -Comments & Court Notes] NOTE: If it is claimed that the identity of the father is unknown, the Court may require an affidavit showing diligent efforts to identify him. NOTE: If the natural mother was married at the time of infant's birth, there is a rebuttable presumption that her husband is the father of the infant and is a necessary party unless a filiation order has established otherwise. [see DRL §24(1)] 4.List names/addresses of adults with whom infant resides if other than parent or name of agency having custody of infant. 5.GREETINGS:If both parents are deceased, check that names and addresses of adult domiciliary distributees are listed. [see SCPA §1704(2)] 6.Have the names and permanent addresses of the infant's grandparents been provided? [see SCPA §1705]WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,If not applicable, so state If deceased, has date of death been added?located at County ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in room7.Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply.Confirm that box(es) checked reflects relief requested. (a) and (b) must be checked for guardianship of person and property (b) must be checked for guardianship of the infant's property only (a) and/or (b) must list dollar amount of infant's property 8.List all personal property, real property, annual income and sources of such property/income as referred to in petition [see SCPA §1704(4)] that will be put into the guardianship account. This will be verified when the guardian files annual accounts. DO NOT INCLUDE ANY MONIES RECEIVED AS SOCIAL SECURITY BENEFITS., one of the Justices of theCourt in Witness, Honorableday of, 20 County,(Attorney must sign above and type name below)NOTE: This information will be used to compare and verify the guardian's report on the first annual inventory and account. 9a.Attorney(s) forVerify that the infant has never had a guardian appointed by will or deed or any acting guardian in socage, or a guardian appointed pursuant to Social Services Law §384 or §384-b. [see SCPA §1704(3)] 9b.Verify that custody of the infant has never been surrendered by any person and that no court order has ever awarded custody of the infant. If exceptions list information on petition and see note below. NOTE: Check that applicable copies of surrenders, court orders or divorce decrees have been submitted.Office and P.O. AddressTelephone No.: Facsimile No.: E-Mail Address:Mobile Tel. No.:American LegalNet, Inc. www.USCourtForms.comG-CHKLST (Person & Prop) release 7